St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-07-24
INTERSTATE.
The Case of q COIored Man Comes
Up for Consideration.


WASHINGTON, July 23.-The chair
man of the interstate commerce COM
mission has announced the decision of
the commission in the case of the Proyi-
dence Coal company against the PrOvi-
dence 81 Worcester railroad. The COM
plant covers three main points. The
commission decides that the allowance
of rebate to parties who ship more
than SO, 900 tons year is unWarranted
and invalid. The commission also de-
cides that the charge of higher rate
upon shipments from Providence than
upon those of East Providence is also
unwarranted and invalid. The third
point, relating to charge of s cents for
Street hauling, is decided to be matter
with which the commission cannot deal.
The interstate commerce commission
gave hearing in the case of William
III. Council against the Western q
colored man, who having pur-
chased a first-class ticket, charges
that he was refused permission to ride
in a:frst class car and was forced to go
into "smoking" car. The railroad
company was represented by Julius |.
Brown, of Atlanta, and the complainant
by John D. Brandon and Oscar R.Hunt-
ley, of Huntsville. Mr.. Brown inter-
posed some objections to the admission
of certain dispositions, and during a
brief discussion which enSued Mr. .Brawn
stated his purpose to enter motion to
throw out the complaint upon ground
of lack of jurisdiction, this being, he as
serted, merely claim for damages.
The chairman in reply said the commits
sion would not sit here to try any mere
Of do hnf
much mora. Here were charges of un-
Just discrimination against a class of
citizens. If there was such a case it
ought to arise upon facts which are
open, public and notorious, and there
ought to be no difficulty i'll regard to
them. The objection was Overruled,
the charges and response were
read. The gist of the railroads
reply is that the complainant
went into ladies' car in defiance of the
rules of the company and refused to go
into the other car, and that it was the
passengers, and not the tralnmen, who
assaulted him. The answer admits the
duty of the company to furnish equal
accommodations for all first-class pas
sengers, but it claims the right to
classify passengers either by the color
line or otherwise. After the reading of
a number of dispositions Mr.. Councill
was sworn. He is an intelligent look
ing colored man, well dressed and of
good address. He is minister Of the
gospel and principal of the State Nor
NAL school at Huntsville. In reply to
inquiries by counsel he told the story Of
his election from the car in which he
had taken his seat. He entered
the car. without objection on the
part of any one. He was told by
some one who he1did not recognize as
trainman go forward, to which he paid
no attention. He was finally approached
by two men, one of whom carried
lantern and the other had his hand
upon his nip pocket. The man with
the lantern seized witness, hit him over
the head several times with the lantern,
cutting his head badly and breaking
the glass. Witness appealed to the pas
sengers, but without avail. His as
sailants then seized and carried him
into the forward car. This car was
very filthy and full of smoke, AS he
was being pushed from QUE car to the
other the brakeman told him this was
what he got for not moving when re-
quested.
Counsel for the respondent opened
his side of the case by reading
A SERIES OF DISPOSITIONS.
From one by passenger named
Whitsell the following appears to have
been the style of Mr. CouncilFs invita-
ton to change cars:
Iwalked forward TO the front end of the
car and told Mr.. Biyins, the 1agman, that l